Florida Regulations 69K-5.0026: Preneed License Renewal
Current as of: 2024 | Check for updates
|
Other versions
(1)(a) Each active preneed license shall be renewed for the annual period beginning July 1st of each year upon approval by the Board of Funeral, Cemetery, and Consumer Services. The Department will provide a renewal reminder either by mail or electronic notice to each licensee at the address of record. Failure to receive any notification does not relieve the licensee of the responsibility to meet the renewal application requirements. The application for renewal will be presented to the Board upon receipt by the Department of a non-refundable renewal fee as established by subFlorida Statutes § 497.453(5), and a financial statement as of the entity’s most recent fiscal year end. The licensee shall apply by mail and pay the renewal fee either online, if available, or by mail to the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, at the address indicated on the form.
(b) The following forms are to be completed by the licensee:
1. Form DFS-PNL-R, Cover Sheet and General Instructions for Preneed License and Branch Annual Renewal Packet;
2. Form DFS-PNL-R1, Invoice – Renewal of Preneed License;
3. Annual Financial Statement:
a. Form DFS-PNL-R2, Financial Statement Instructions;
b. Form DFS-PNL-R2A, Balance Sheet of Preneed Licensee;
c. Form DFS-PNL-R2B, Income Statement;
4. Annual Renewal Statement:
a. Form DFS-PNL-R3A, Statement of Preneed Sales Under Each Individual Trust, Surety Bond, or Insurer;
b. Form DFS-PNL-R3B, Summary of Preneed Activity; and
5. Form DFS-PNL-R4, Annual PNL Financial Statement and Renewal Statement Certification and Application for Renewal.
(c) Each preneed licensee that is not renewing its preneed license shall mail in a completed Notice of Non-Renewal of Preneed License, Form DFS-PNL-R5, prior to the expiration of the license.
(d) If, at the time of renewal, a preneed licensee’s net worth does not meet the requirements of Florida Statutes § 497.453, or Fl. Admin. Code R. 69K-5.0016, the preneed licensee shall mail in a completed Net Worth Alternatives Form, Form DFS-PNL-R6.
(e) Each of the forms listed above in subsection (1) is incorporated by reference in Fl. Admin. Code R. 69K-1.001, and can be obtained on the Department’s website at http://www.MyFloridacfo.com/Division/FuneralCemetery/.
(2) Failure to submit the statements as required in subsection (1) authorizes the Board of Funeral, Cemetery, and Consumer Services to levy a fine in the amount of $50 per day for each day the financial and renewal statements are not submitted unless an extension is granted, as follows:
(a) Annual Financial Statement must be submitted to and received by the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, within 3 months after the end of the preneed licensee’s fiscal year. An extension is automatically granted to allow Financial Statements to be due April 1st of each calendar year.
(b) Annual Renewal Statement and the required renewal fee must be submitted to and received by the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, on or before April 1st of each year.
(3) Financial statements may be prepared either on the forms listed in subsection (1) or by an independent certified public accountant in conformity with Fl. Admin. Code R. 69K-5.0016 Audited statements are acceptable. The financial statements must document compliance with the minimum financial responsibility requirements of Fl. Admin. Code R. 69K-5.0016 Failure to comply with said rule shall result in denial of the renewal application.
(4) In the event the renewal application is denied by the Board, the renewal fee paid is not refundable. If a hearing is requested on the denial, the certificate shall remain in active status during the pendency of the hearing.
(5) Any Preneed License not approved or denied by the Board prior to July 1 of each year shall automatically expire on July 1 and the entity shall be required to cease and desist from all selling of preneed funeral and cemetery goods and services. All preneed sales agent appointments associated with the preneed license will be terminated. New applications for certification/appointments must be submitted to and approved by the Board in order to return the certificate and agent appointments to active status. The applicants shall be subject to all requirements of initial application.
Rulemaking Authority 497.103, 497.453 FS. Law Implemented 497.141, 497.453 FS. History-New 6-24-96, Amended 7-10-02, Formerly 3D-30.041, 69K-100.041, Amended 12-24-18.
Terms Used In Florida Regulations 69K-5.0026
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
1. Form DFS-PNL-R, Cover Sheet and General Instructions for Preneed License and Branch Annual Renewal Packet;
2. Form DFS-PNL-R1, Invoice – Renewal of Preneed License;
3. Annual Financial Statement:
a. Form DFS-PNL-R2, Financial Statement Instructions;
b. Form DFS-PNL-R2A, Balance Sheet of Preneed Licensee;
c. Form DFS-PNL-R2B, Income Statement;
4. Annual Renewal Statement:
a. Form DFS-PNL-R3A, Statement of Preneed Sales Under Each Individual Trust, Surety Bond, or Insurer;
b. Form DFS-PNL-R3B, Summary of Preneed Activity; and
5. Form DFS-PNL-R4, Annual PNL Financial Statement and Renewal Statement Certification and Application for Renewal.
(c) Each preneed licensee that is not renewing its preneed license shall mail in a completed Notice of Non-Renewal of Preneed License, Form DFS-PNL-R5, prior to the expiration of the license.
(d) If, at the time of renewal, a preneed licensee’s net worth does not meet the requirements of Florida Statutes § 497.453, or Fl. Admin. Code R. 69K-5.0016, the preneed licensee shall mail in a completed Net Worth Alternatives Form, Form DFS-PNL-R6.
(e) Each of the forms listed above in subsection (1) is incorporated by reference in Fl. Admin. Code R. 69K-1.001, and can be obtained on the Department’s website at http://www.MyFloridacfo.com/Division/FuneralCemetery/.
(2) Failure to submit the statements as required in subsection (1) authorizes the Board of Funeral, Cemetery, and Consumer Services to levy a fine in the amount of $50 per day for each day the financial and renewal statements are not submitted unless an extension is granted, as follows:
(a) Annual Financial Statement must be submitted to and received by the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, within 3 months after the end of the preneed licensee’s fiscal year. An extension is automatically granted to allow Financial Statements to be due April 1st of each calendar year.
(b) Annual Renewal Statement and the required renewal fee must be submitted to and received by the Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, 200 East Gaines Street, Tallahassee, Florida 32399-0361, on or before April 1st of each year.
(3) Financial statements may be prepared either on the forms listed in subsection (1) or by an independent certified public accountant in conformity with Fl. Admin. Code R. 69K-5.0016 Audited statements are acceptable. The financial statements must document compliance with the minimum financial responsibility requirements of Fl. Admin. Code R. 69K-5.0016 Failure to comply with said rule shall result in denial of the renewal application.
(4) In the event the renewal application is denied by the Board, the renewal fee paid is not refundable. If a hearing is requested on the denial, the certificate shall remain in active status during the pendency of the hearing.
(5) Any Preneed License not approved or denied by the Board prior to July 1 of each year shall automatically expire on July 1 and the entity shall be required to cease and desist from all selling of preneed funeral and cemetery goods and services. All preneed sales agent appointments associated with the preneed license will be terminated. New applications for certification/appointments must be submitted to and approved by the Board in order to return the certificate and agent appointments to active status. The applicants shall be subject to all requirements of initial application.
Rulemaking Authority 497.103, 497.453 FS. Law Implemented 497.141, 497.453 FS. History-New 6-24-96, Amended 7-10-02, Formerly 3D-30.041, 69K-100.041, Amended 12-24-18.